Cheever v. Minton
Supreme Court of Colorado
Appeal from, District Court of Arapahoe County. This action is in the nature of ejectment. It was brought by Charles Gf. Cheever against Joseph A. and Mary A. Minton to recover the possession of certain real property in the city of Denver. The verdict and judgment were in favor of defendants, and the present appeal was taken to review this judgment.
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Appeal from, District Court of Arapahoe County. This action is in the nature of ejectment. It was brought by Charles Gf. Cheever against Joseph A. and Mary A. Minton to recover the possession of certain real property in the city of Denver. The verdict and judgment were in favor of defendants, and the present appeal was taken to review this judgment. Mrs. Minton purchased at private sale in 1871, relying upon a certain final decree in chancery entered during the previous year, from which an appeal had been prayed, but never perfected. Subsequent to such purchase this decree was taken by writ…
1Opinion of the CourtChief Justice Helm
The present appeal may, in our judgment, be determined by the discussion of a single abstract question of law, viz.: Is the title of a purchaser in good faith, which rests in whole or in part upon a voidable decree in chancery, the purchase being made after the entry thereof and before a writ of error thereto is sued out, affected by a subsequent reversal of the decree on error?
The rule is well established that, in the absence of statute, a purchaser of realty pendente lite, whether the action be at law or in equity, takes subject to any title or interest adverse to that of his grantor,…
2Cases cited6 opinions
- Wadhams v. Flagler GayIllinois Supreme Court · 1874
- Debell v. Foxworthy's heirsCourt of Appeals of Kentucky · 1848
- Clarey v. Marshall's HeirsCourt of Appeals of Kentucky · 1836
- Eldridge v. WalkerIllinois Supreme Court · 1875
- Barlow v. StandfordIllinois Supreme Court · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hammersley v. District Court in and for County of RouttSupreme Court of Colorado · 1980
- Shuck v. QuackenbushSupreme Court of Colorado · 1924
- Stuart v. ColemanSupreme Court of Oklahoma · 1920
- Jotter v. MarvinSupreme Court of Colorado · 1917
- In Re MacKayAlaska Supreme Court · 1966
6 more not listed; retrieve them via the Exa API.